Senate Bill 2071

AN ACT TO AMEND SECTION 17-17-229, MISSISSIPPI CODE OF 1972, TO PROHIBIT A NONHAZARDOUS SOLID WASTE MANAGEMENT FACILITY FROM BEING LOCATED WITHIN CERTAIN DISTANCE OF A COUNTY LINE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 17-17-229, Mississippi Code of 1972, is amended as follows:

17-17-229. (1) After approval of a local nonhazardous solid waste management plan by the commission, neither the department, the permit board nor any other agency of the State of Mississippi shall issue any permit, grant or loan for any nonhazardous solid waste management facility in a county, municipality region, or district which is not consistent with the approved local nonhazardous solid waste management plan.

(2) The commission shall adopt criteria to be considered in location and permitting of nonhazardous solid waste management facilities. The criteria shall be developed through public participation, shall be enforced by the permit board and shall include, in addition to all applicable state and federal rules and regulations, consideration of:

(a) Hydrological and geological factors, such as floodplains, depth to water table, soil composition, and permeability, cavernous bedrock, seismic activity, and slope;

(b) Natural resources factors, such as wetlands, endangered species habitats, proximity to parks, forests, wilderness areas and historical sites, and air quality;

(c) Land use factors, such as local land use, whether residential, industrial, commercial, recreational, agricultural, proximity to public water supplies, and proximity to incompatible structures such as schools, churches and airports;

(d) Transportation factors, such as proximity to waste generators and to population, route safety and method of transportation; and

(e) Aesthetic factors, such as the visibility, appearance and noise level of the facility.

(3) (a) A nonhazardous solid waste management facility shall not be located within one (1) mile of a county line and neither the department, the permit board nor any other agency of the state shall issue any permit, grant or loan for any nonhazardous solid waste management facility in a county, municipality region, or district which is located within one (1) mile of a county line.

(b) This subsection shall not apply to any nonhazardous solid waste management facility sited before July 1, 2007.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.